Kerala High Court
Dr.Radhika K.S vs State Of Kerala on 15 October, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
WP(C).No.20133 OF 2020(N)
PETITIONER:
DR.RADHIKA K.S.
AGED 36 YEARS,
D/O.K.N.SANKARAN, ASSISTANT PROFESSOR,
DEPARTMENT OF ENGLISH, SREE KERALA VARMA COLLEGE,
THRISSUR- 680 011, RESIDING AT IA, MGF CLASSIC
REGENCY, SANTI NAGAR, AYYANTHOLE P.O.,
THRISSUR - 680004.
BY ADV. SRI.S.PRASANTH (AYYAPPANKAVU)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM - 695 033, KERALA, INDIA.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
PALACE ROAD, GOVT. TRAINING COLLEGE COMPOUND,
THRISSUR - 680 020.
4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
MARKET FED BUILDING, GANDHI NAGAR, KADAVATHRA, COCHIN
- 682020.
5 THE MANAGER, CORPORATE MANAGEMENT OF SREE KERALA
VARMA COLLEGE, THRISSUR AND SECRETARY, COCHIN
DEVASWOM BOARD, THRISSUR - 680 011.
6 THE PRINCIPAL, SREE KERALA VARMA COLLEGE
THRISSUR - 680 011.
SMT NISHA BOSE (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20133 OF 2020 2
JUDGMENT
The petitioner, who is stated to be working as an Assistant Professor in the Sree Kerala Varma College, Thrissur, of which the 6th respondent is the Principal, has approached this Court seeking that respondents 2 and 3 be directed to count her previous Aided College service and to refix her pay and benefits as per Ext.P8 Government Order; as also to disburse her the arrears of monetary benefits on account of the two advance increments which is entitled to her since she had M.Phil. qualification at the time when she was originally appointed as per Ext.P1.
2. The petitioner alleges that no action has been taken by the official respondents based on Ext.P8 until now and therefore, prays that they be directed to do so within a time frame to be fixed by this Court.
3. However, in answer to the WP(C).No.20133 OF 2020 3 submissions of Smt.Varsha Bhaskar, learned counsel for the petitioner, as afore, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that action with respect to the disbursement of the monetary benefits and refixation of pay to the petitioner has not been done by the official respondents solely because the 6th respondent - Principal has not yet forwarded the proposal for the same, after refixing the salary and other benefits of the petitioner in terms of Ext.P8 Government Order. The learned Senior Government Pleader submitted that as soon as the 6th respondent does so, necessary action to disburse the eligible benefits to the petitioner will be completed by the official respondents without any avoidable delay.
4. In reply, Smt.Varsha Bhaskar pointed out that, through Exts.P15 and P16, the 6th respondent - Principal of the College has already addressed the Educational Authorities appropriately, but that in spite of this no WP(C).No.20133 OF 2020 4 action has been taken. The learned Senior Government Pleader, however, submits that it was not sufficient for the Principal to have addressed letters like Exts.P15 and P6, but that he ought to have refixed the salary and benefits to the petitioner in terms of Ext.P8 and ought to have forwarded the proposal for approval of the same to the 3rd respondent - Deputy Director of Collegiate Eduction.
Taking note of the afore submissions, I order this writ petition and direct the 6th respondent to immediately refix the benefits to the petitioner, both with respect to her previous service and her advance increments entitled to her on account of her possessing M.Phil. at the time of her appointment through Ext.P1; and to thereafter, forward necessary proposal for approval of the same to the 3rd respondent - Deputy Director of Collegiate Eduction without any avoidable delay.
WP(C).No.20133 OF 2020 5
Needless to say, once the said proposal reaches the 3rd respondent, the said Authority will consider the same and issue appropriate orders thereon, including for the disbursement of the eligible monetary benefits to the petitioner, as expeditiously as is possible, but not later than three months from the date on which it is received by it.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/15.10.2020 WP(C).No.20133 OF 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 17/12/2010 ISSUED BY THE MANAGER, SANATANA DHARMA COLLEGE TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.AC.F III/I/015441/201 DATED 13/06/2011 ISSUED BY THE REGISTRAR, UNIVERSITY OF KERALA.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 22/12/2014 ISSUED BY THE MANAGER, CORPORATE MANAGEMENT OF SREE KERALA VARMA COLLEGE, THRISSUR.
EXHIBIT P4 TRUE COPY OF THE RELIEVING ORDER DATED 10/06/2014 ISSUED BY THE PRINCIPAL, SANATANA DHARMA COLLEGE.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.UO NO.10614/2015/ADMN DATED 08/10/2015 ISSUED BY THE ASSISTANT REGISTRAR, UNIVERSITY OF CALICUT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 26/03/2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 13/11/2019 OF THIS HON'BLE COURT IN WP(C) NO.30130/2019.
EXHIBIT P8 TRUE COPY OF GO(RT) NO.125/2020/H.EDN.
DATED 23/01/2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE M.PHIL DEGREE CERTIFICATE AWARDED TO THE PETITIONER BY THE BHARATHIYAR UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 26/06/2014 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF KERALA.
EXHIBIT P11 TRUE COPY OF THE SERVICE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 6TH RESPONDENT REGARDING PROPOSAL FOR ADVANCE INCREMENT FOR WP(C).No.20133 OF 2020 7 PH.D/MPHIL.
EXHIBIT P13 TRUE COPY OF THE APPLICATION FOR GRANTING ADVANCE INCREMENTS SUBMITTED BY THE PETITIONER.
EXHIBIT P14 TRUE COPY OF THE STATEMENT FOR CLAIMING ADVANCE INCREMENTS FOR JOINING SERVICE WITH PH.D/M.PHIL FORWARDED BY THE 6TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER FORWARDED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT REGARDING PROPOSAL FOR ADVANCE INCREMENT FOR PH.D/MPHIL RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE LETTER NO.G1 315/18 DATED 27/02/2020 SENT BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS:
NIL MC (TRUE COPY) PA TO JUDGE